HC seeks HSVP reply over pond land allocation for pvt housing
Chandigarh: The decision of the
Haryana Sahari Vikas Pradhikaran
(HSVP) to allot a small piece of land, historically used as a pond in
Mansa Devi Complex
(MDC) Panchkula, to a private builder for a luxury housing project has come under the scanner, with the
Punjab and Haryana high court
directing HSVP to file a reply on the issue by Monday.
The land of the pond situated in Bhainsa Tibba village in MDC, which was originally acquired for public purposes by the govt, was allotted to Softobiz Technologies Private Limited for Rs 24.52 crore in June 2024 for construction of multi-crore apartments.
According to the plea, this amounts to a clear case of land-use fraud, asserting that land acquired under the guise of public purpose was diverted for private commercial gain, contravening both the
Land Acquisition Act
and environmental protection laws.
Th counsel for the petitioner also cited multiple Supreme Court (SC) rulings, emphasising that land acquired for public use cannot be repurposed for private profits. The petition also invokes provisions of the Haryana Pond and Waste Water Act, 2018, which prohibit construction on designated pond land without govt clearance and references the Centre's 'Mission Amrit Sarovar' scheme aimed at rejuvenating water bodies nationwide.
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A division bench, comprising Justice Sudhir Singh and Justice Alok Jain, took cognisance of the plea and asked HSVP to file a reply. The matter has reached the HC in the wake of a petition filed by Rajinder Singh, 71, a resident of Bhainsa Tibba village in the MDC area of Panchkula.
The petitioner's counsel highlighted that a previous writ petition (CWP No. 8961 of 2002) on the matter was dismissed by the high court, with the state assuring the court that the pond lost its character and was required for a vital public project.
However, no development followed, and on Nov 22, 2022, the Mata Mansa Devi Shrine Board meeting chaired by the chief minister discussed a proposal to sell the land. Later, the possession was transferred to the HSVP in May 2023, which then allotted the plot to Softobiz for Rs 24.52 crore in June 2024, the counsel informed the court.
The high court was also informed that the land was acquired ostensibly for religious and public welfare projects — namely for a dharamshala, bhandara facilities, and a dispensary — under the aegis of the Shri Mata Mansa Devi Shrine Board.
The petitioner has sought the quashing of the original notifications regarding the acquisition of the land and the June 28, 2024, allotment letter that transferred around 1.1 acres to a private firm. The HC has been informed that this pond is still reflected in the jamabandi (record of rights) for 2020-21.
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